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January/February 1999 Vol THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK In this issue: Impeachment Alternatives: What May Congress Do? Judith S. Kaye on Cardozo Strengthening School Leadership and School-Level Accountability JanuarJ A y/FebrN U A R Y / Fuar E B R Uy A R1999 Y 1 9 9 9 ◆ V O L. 5 4, N vO.ol. 1 54, No. 1 1 THE RECORD january/february 1999 vol. 54, No. 1 Contents OF NOTE 3 REPORT OF THE PRESIDENT 7 by Michael A. Cooper ALTERNATIVES TO IMPEACHMENT: 13 WHAT MAY CONGRESS DO? by The Committee on Federal Legislation STRENGTHENING SCHOOL LEADERSHIP AND SCHOOL-LEVEL 33 ACCOUNTABILITY: RETHINKING PRINCIPALS’ RIGHTS AND RESPONSIBILITIES AFTER GOVERNANCE REFORM by The Committee on Education and the Law CONTRIBUTIONS TO CAMPAIGNS OF CANDIDATES FOR SURROGATE 64 AND APPOINTMENTS BY SURROGATES OF GUARDIANS AD LITEM by The Committee on Government Ethics Reports by The Committee on Professional and Judicial Ethics FORMAL OPINION NO. 1998-1: ATTORNEY EMPLOYING DISBARRED 85 OR SUSPENDED ATTORNEY TO WORK IN LAW OFFICE; AIDING UNAUTHORIZED PRACTICE OF LAW FORMAL OPINION NO. 1998-2: LAW FIRM INTERNET WEBSITES, LAW FIRM- 93 SPONSORED INTERNET DISCUSSION AREA; PROVISION OF LAW-RELATED SERVICES OVER THE INTERNET; COMMUNICATION BY UNENCRYPTED E-MAIL BOOKS IN REVIEW: CARDOZO BY ANDREW KAUFMAN 105 Reviewed by Hon. Judith S. Kaye NEW MEMBERS 108 50-YEAR MEMBERS 112 THE ALTERNATIVE DISPUTE RESOLUTION COLLECTION 113 OF THE LIBRARY OF THE ASSOCIATION: A SELECTIVE BIBLIOGRAPHY by the Committee on Alternative Dispute Resolution THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK is published six times a year , January-February, March-April, May-June, July-August, September-October, and November-December, by The Associa- tion of the Bar of the City of New York, 42 West 44th Street, New York, NY 10036-6689. Available by subscription for $60 per volume. For information call (212) 382-6695. Periodicals postage paid at New York, NY and additional mailing offices. Postmaster: Send address changes to THE RECORD OF THE ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK, 42 West 44th Street, New York, NY 10036-6689. THE RECORD is printed on paper which meets the specifications of American National Standard ANSI Z39.49-1984, Permanence of Paper for PrintedT H E LibraryR E C OMaterials. R D Copyright © 1999 The Association of the Bar of the City of New York. All rights reserved. 2 EDITORIAL BOARD MICHAEL A. COOPER RICHARD CASHMAN President Chair, Executive Committee BARBARA BERGER OPOTOWSKY ALAN ROTHSTEIN Executive Director General Counsel MARK WOLKENFELD Editor HOW TO REACH THE ASSOCIATION MAIN PHONE NUMBER: CONTINUING LEGAL EDUCATION (212) 382-6600 Joyce Adolfsen (212) 382-6619 WORLD WIDE WEB ADDRESS: [email protected] http://www.abcny.org PRESIDENT LAWYERS IN TRANSITION PROGRAM Michael A. Cooper Martha Harris (212) 382-6700 (212) 382-6607 [email protected] [email protected] EXECUTIVE DIRECTOR LEGAL REFERRAL SERVICE Barbara Berger Opotowsky Allen J. Charne (212) 382-6620 (212) 626-7373 [email protected] [email protected] GENERAL COUNSEL Alan Rothstein LEGISLATIVE AFFAIRS (212) 382-6623 Denice M. Linnette [email protected] (212) 382-6655 [email protected] ADVERTISING Noel Melliza LIBRARY (212) 382-6752 Elizabeth Klampert [email protected] (212) 382-6742 ASSOCIATION MEMBERSHIP [email protected] Melissa Halili (212) 382-6767 Copy Services: (212) 382-6711 [email protected] Reference Desk: (212) 382-6666 CITY BAR FUND MEETING SERVICES Maria Imperial Nick Marricco (212) 382-6678 (212) 382-6637 [email protected] [email protected] COMMITTEE MEMBERSHIP Stephanie Rook MEMBER BENEFITS (212) 382-6664 Robin Gorsline [email protected] (212) 382-6689 [email protected] COMMUNICATIONS Mark Lutin (212) 382-6713 [email protected] J A N U A R Y / F E B R U A R Y 1 9 9 9 ◆ V O L. 5 4, N O. 1 3 Of Note ❊ THE ASSOCIATION, ALONG WITH THIRTEEN NEW YORK CITY-AREA LAW schools and the Union Internationale des Avocats, an international bar association, celebrated the 50th Anniversary of the Universal Declaration of Human Rights with a three-day conference from December 10-12. The Universal Declaration of Human Rights was adopted in 1948 by the then newly-established United Nations, and remains the principal statement of human dignity and freedom today. Senator George J. Mitchell, a major force behind the Northern Ire- land peace process, delivered the Association’s Alexis C. Coudert Lecture to keynote the program. Senator Mitchell was also awarded Honorary Membership in the Association on this occasion. Over the following two days, prominent officials, judges, human rights activists, attorneys and scholars gathered at Fordham Law School to participate in various pan- els. Topics included the historical origins of the Universal Declaration, contemporary definitions of human rights and their application in diver- gent cultures, and the interactions among governments, nongovernmen- tal actors, and individuals. The conference was made possible by a generous grant from The Reuter Foundation. Co-sponsors included Brooklyn Law School, Benjamin Cardozo Law School, Columbia Law School, CUNY Law School, Fordham Law School, Hofstra Law School, New York Law School, NYU Law School, Pace Law School, Rutgers Law School (Newark), Rutgers Law School (Camden), Seton Hall Law School, St. John’s Law School, and the Union Internationale des Avocats. ❊ ON NOVEMBER 9, THE ASSOCIATION, ALONG WITH THE NEW YORK City Campaign Finance Board, hosted a day-long conference on cam- paign finance reform. The goal of the conference was to examine existing campaign finance reforms at the state and local levels to identify those reforms that could be usefully imported to the Federal level. Entitled “From the Ground Up: Local Lessons for National Reform,” T H E R E C O R D 4 O F N O T E the proceedings, televised on C-SPAN, were highlighted by remarks by former New York Mayor Edward I. Koch, who signed the law that created New York City’s widely respected Campaign Finance Program in 1988. Closing remarks were made by U.S. Representative Christopher Shays (R-Conn.), the main sponsor of recent House legislation that would limit the use of “soft money” in federal campaigns. “The timing of this conference is particularly appropriate,” said President Cooper. “The public’s anger at current campaign finance practices is growing. I hope this conference will stimulate creative thinking on how to curb the undue influence of money in politics and government.” “From the Ground Up: Local Lessons for National Reform,” was made possible in part by grants from the New York Community Trust and the Joyce Foundation. ❊ IN DECEMBER, THE ASSOCIATION, IN COLLABORATION WITH THE NEW York County Lawyers’ Assocation, announced the creation of a profes- sionally-staffed Lawyer Assostance Program (LAP) to address the pressing need for help for New York City attorneys who face alcohol and drug abuse problems. With the encouragement of Chief Judge Judith S. Kaye and Presiding Justice Alfred D. Lerner of the Appellate Division, First De- partment, LAP will be the first of its kind located in New York City. The program will concentrate on the alcohol and substance abuse- related needs of New York City lawyers through the provision of interven- tion, referrals, monitoring, education and peer support of attorneys, and will reach out to all New York City lawyers, whether or not they are mem- bers of the either the Association or County Lawyers, who have alcohol and drug abuse problems. ❊ Correction: The name of Arthur Schiff was inadvertantly omitted from the roster of the Aeronautics Committee at the conclusion of its “Report on Aviation Safety,” 53 The Record 450 (1998). J A N U A R Y / F E B R U A R Y 1 9 9 9 ◆ V O L. 5 4, N O. 1 5 Recent Committee Reports Art Law Amicus curiae brief, The People of the State of New York v. The Museum of Modern Art A Visual Artist’s Guide to Estate Planning Capital Punishment Letter to New York Court of Appeals Commenting on Proposed Reduction of Counsel Fees in Capital Cases Council on Children Letter Regarding the Federal Adoption and State Families Act (ASFA) Draft New York State Compliance Legislation Condemnation & Tax Certiorari An Act to Amend the Real Property Tax Law and the New York City Char- ter, in Relation to Evidence of Unequal Assessment in a City with a Popu- lation of One Million or More Construction Law An Act to Amend the State Finance Law, in Relation to Damages for Delay Clauses in Public Contracts Federal Courts Proposed Amendments to the Federal Rules of Civil Procedure International Environmental Law Letter Commenting on 9/4/98 Draft Revised Guidelines for Submissions Under Articles 14 and 15 of the North American Agreement on Environ- mental Cooperation Council on Judicial Administration Report on Juror Questioning of Witnesses T H E R E C O R D 6 R E C E N T C O M M I T T E E R E P O R T S Legal Issues Pertaining to Animals Letter Regarding Petition No. 98P-0151 (Amended) “Petition Requesting Immediate Action Regarding the Introduction of Downed Cattle into the Food Supply” Patents Letter Regarding Advance Notice of Proposed Rulemaking Changes to Implement the Patent Business Goals State Courts of Superior Legislation Comments on the Proposed Amendments to the CPLR Concerning Depo- sitions in Civil Cases Questionnaire Evaluating the Success and Level of Usage of the Commer- cial Division at Supreme Court, New York County Copies of any of the above reports are available to members by call- ing (212) 382-6658, or by e-mail, at [email protected].
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